DMV suspension won;
A new case in the Oregon appellate courts has resulted in 3 recent cases won on license suspensions. When a person is asked to take a breath test, It is typical for a police officer to tell the person that “if you don’t take the breath test, we will get a warrant and take your blood.”
Something similar was present in several cases defensed by Gig Wyatt. a DUI defense attorney in Salem, Oregon, after reading this appellate case and the judge agreed that the comments are unlawful, resulting in a ruling in our favor.
“Telling a person they will get a needle stuck in their arm if they refuse the breath test is unlawful,” Gig Wyatt said. We have had several of these suspensions dismissed for this reason.
The Implied Consent law does not contemplate this type of coercion and its good to see the law reflect that. Gig Wyatt has been in practice for over 30 years and specializes in criminal defense.
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